Rajasthan High Court - Jodhpur
Madan Gopal vs Ram Kishan (2025:Rj-Jd:39140) on 3 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:39140]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16667/2025
1. Madan Gopal S/o Megh Raj @ Nandu, Aged About 74
Years, Bhati Tailors Ke Samne Wali Gali, Joshiwada,
Bikaner Through Pawan Trading Company, Tea Hotel,
Suraj Bhawaan, Joshiwada, Bikaner (Raj.)
2. Girdhar Gopal S/o Megh Raj @ Nandu, Aged About 67
Years, Bhati Tailors Ke Samne Wali Gali, Joshiwada,
Bikaner Through Pawan Trading Company, Tea Hotel,
Suraj Bhawaan, Joshiwada, Bikaner (Raj.)
----Petitioners
Versus
Ram Kishan S/o Rameshwar Lal, Gandhi Chowk, Napasar, Tehsil
And District Bikaner (Raj.)
----Respondent
For Petitioner(s) : Mr. Rajeev Purohit.
For Respondent(s) : Mr. Ajay Kumar Vyas.
Mr. Jatin Sankhla.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/09/2025
1. By way of filing the present writ petition under Article 226 of
the Constitution of India, the petitioners have prayed for the
following reliefs:-
"The impugned judgment dated 18.07.2025 (Annex.4)
passed by the Rent Appeal Tribunal, Bikaner in Rent Appeal
No.03/2020-Madan Gopal & another Vs Ram Kishan as well
as the impugned judgment dated 22.11.2019 (Annex.3)
passed by the Rent Tribunal, Bikaner in CO No.96/2012- Ram
Kishan Vs Sri Gopal etc may kindly be quashed and set aside"
2. At the outset, learned counsel for the petitioners submitted
that the petitioners are ready and willing to hand over vacant and
[2025:RJ-JD:39140] (2 of 3) [CW-16667/2025]
peaceful possession of the rented premises to the respondent,
provided that a reasonable time is granted for the same. Learned
counsel submitted that the petitioners are also ready and willing to
pay the entire arrears of the rent, if any, as directed by learned
Tribunal and thereafter, will continue to pay the monthly rent
regularly. He also submitted that the petitioners will furnish an
undertaking to this effect before the Rent Tribunal.
3. Learned counsel for the respondent submitted that since the
petitioners are ready and willing to handover the vacant and
peaceful possession of the rented premises in question, he has no
objection, in case reasonable time to do so is extended to them.
4. Since the petitioners have not joined the issue on merit,
therefore, the impugned judgment dated 18.07.2025 (Annex.4)
passed by the Rent Appeal Tribunal, Bikaner as well as the
impugned judgment dated 22.11.2019 (Annex.3) passed by the
Rent Tribunal, Bikaner are upheld.
5. The present writ petition is disposed of with a direction to the
petitioners to hand over the vacant and peaceful possession of the
rented premises in question (Shop No.4, Suraj Bhawan, Joshiwara,
Bikaner) to the respondents on or before 01.09.2027. The
petitioners are further directed to pay the arrears of rent, if any, to
the respondent and thereafter shall continue to pay the monthly
rent regularly as agreed between both the parties. The petitioners
shall also file an undertaking indicating their intention to vacate the
rented premises in question on or before 01.09.2027, within a
period of one month from the date of passing of this Order.
6. It is made clear that in case, the order passed by this Court is
not complied with by the petitioners, the respondent will be free to
[2025:RJ-JD:39140] (3 of 3) [CW-16667/2025]
take appropriate proceeding including filing of execution petition
and contempt petition, against the petitioners.
7. The stay application also stands disposed of.
(KULDEEP MATHUR),J
48-Dinesh/-
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